The U.S. Equal Employment Opportunity Commission has filed a lawsuit accusing an Arkansas-based trucking company of violating federal law by firing an employee after learning he was HIV-positive.
The EEOC’s lawsuit alleges that P.A.M. Transport refused to allow the driver to return to work once he notified the company he was HIV-positive. The agency says P.A.M. requires all drivers to notify the company whenever any treatment is received from a medical professional. Because of this policy, the employee informed P.A.M. he had a routine appointment to monitor his HIV-positive status. The EEOC said that when the information was disclosed to the company, it required the driver to provide a full release of his medical records and refused to allow him to return to work.
“Discharging an employee after learning he is HIV-positive without determining whether he can continue to perform his job violates the Americans with Disabilities Act,” said EEOC Trial Attorney Nedra Campbell. “Such a broad policy imposes disability-related inquiries that are not job-related and consistent with business necessity and therefore, violates the ADA.”
The suit seeks back pay, compensation for emotional distress, and punitive damages for a class of drivers.
For a Limited Time receive a
FREE HR Report "Top 10 Best Practices in HR Management." This comprehensive special report will give you the information you need to know about these current HR challenges and how to most effectively manage them in your workplace.
Download Now